The National Health Service Superannuation Scheme (Scotland) Regulations 2011

Early retirement pension (redundancy etc. new starters and post-transition) S

E7.—(1) This regulation applies to a member—

(a) whose pensionable employment is terminated by the member's employing authority; and

(b) who satisfies the conditions specified in paragraph (2).

[F1 (2) Those conditions are that—

(a) the member has two years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;

(b) the member’s employing authority certifies—

(i) that the member has at least two years’ continuous employment determined in accordance with any terms and conditions applying to that employment; and

(ii) if the member’s employment is terminated by reason of redundancy, that the member is entitled to claim a pension under this regulation as an alternative to receiving the lump sum payment (in whole or in part) otherwise payable to [F2 the member] in accordance with those terms and conditions;

(c) the member’s employing authority does not certify that the member has unreasonably refused to seek suitable alternative employment or accept an offer of such employment;

(d) the Scottish Ministers certify—

(i) that the member’s employment is terminated by reason of redundancy; or

(ii) with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which the member is employed; and

(e) the member makes a claim for the pension referred to in this regulation.]

(3) A claim referred to in paragraph (2)(e) must—

(a) be in writing and addressed to the Scottish Ministers;

(b) be made within 6 months of the employment being terminated; and

(c) contain such information as the Scottish Ministers may require.

(4) [F3 Subject to paragraph (4A), a person] who satisfies the conditions in paragraph (2) is entitled to a pension calculated as described in regulation E1.

[F4 (4A) A member who satisfies the conditions in paragraph (2) is not entitled to a pension under this regulation if the Scottish Ministers, after consultation with the scheme actuary, decide that the amount of the pension would be less than the amount of the guaranteed minimum pension to which the member is entitled.]

(5) Where—

(a) a person who claims a pension under this regulation has received—

(i) a redundancy payment under the Employment Rights Act 1996 M1 ; or

(ii) a corresponding payment under the arrangements of the Whitley Councils for the Health Services of Great Britain; or

(iii) a payment made by virtue of any arrangement made pursuant to paragraph 20(2) of Schedule 7A to the National Health Service Act 1978 (National Health Service Trusts – general powers) M2 ,

in respect of the cessation of the employment; and

(b) the terms and conditions relevant to the employment require that payment or payments be reduced to take account of the additional contributions the employing authority must make to the Scottish Ministers in accordance with regulation D2(5); but

(c) payment or payments have not been so reduced,

the pension must be reduced by an amount equal to the amount of that payment or those payments and may be reduced to zero.

(6) This regulation does not apply to—

(a) practice staff;

(b) practitioners;

(c) non-GP providers;

(d) a member who is providing piloted services under a pilot scheme;

(e) a member to whom regulation R11(1)(a) or (b) of these Regulations applies; or

(f) a member who is a dental pilot scheme employee and who is employed by a provider of piloted services other than a Health Board.

Textual Amendments

F1 Reg. E7(2) substituted (with effect in accordance with reg. 1(8) of the amending S.S.I.) by The National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/109), regs. 1(2), 11 (with reg. 71)

F2 Words in reg. E7(2)(b)(ii) substituted (28.6.2014) by The National Health Service Superannuation Scheme (Scotland) (Miscellaneous Amendments) Regulations 2014 (S.S.I. 2014/154), regs. 1(2), 8

F3 Words in reg. E7(4) substituted (1.4.2015) by virtue of The National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/96), regs. 1(2), 8(a)

F4 Reg. E7(4A) inserted (1.4.2015) by The National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/96), regs. 1(2), 8(b)

Marginal Citations

M1 1996 c.18.

M2 1978 c.29. Schedule 7A was inserted by Schedule 6 to the National Health Service and Community Care Act 1990 (c.19).